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PCS for HB 445 ORIGINAL 2012

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A bill to be entitled An act for the relief of Eric Brody by the Broward County Sheriff's Office; providing for an appropriation to compensate Eric Brody for injuries sustained as a result of the negligence of the Broward County Sheriff's Office; providing a limitation on the payment of fees and costs related to the claim against the Broward County Sheriff's Office; providing legislative intent regarding lien interests held by the state; providing an effective date. WHEREAS, on March 3, 1998, Eric Brody was driving home in his 1982 AMC Concord eastbound on Oakland Park Boulevard in Sunrise, Florida, and WHEREAS, that same evening, Broward County Sheriff's Deputy Christopher Thieman was driving his Broward County Sheriff's Office cruiser on his way to work, and WHEREAS, Deputy Thieman struck Eric Brody's car, leaving Eric profoundly injured, and WHEREAS, the case was tried to a jury and the court rendered a final judgment of $30,879,670.30, and WHEREAS, the parties have reached a settlement in the amount of $10,750,000, with other terms of value, and $200,000 has been paid pursuant to the limits of liability set forth in s. 768.28, Florida Statutes, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida: Page 1 of 3 PCS for HB 445 CODING: Words stricken are deletions; words underlined are additions.

PCS for HB 445 ORIGINAL 2012

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Section 1. Section 2.

The facts stated in the preamble to this act The insurer of the Sheriff of Broward County

are found and declared to be true. has agreed to, and is authorized and directed to pay $10,750,000 on behalf of the Broward County Sheriff's Office to the Guardianship of Eric Brody to be placed in a special needs trust created for the exclusive use and benefit of Eric Brody as compensation by the Broward Sheriff's Office and its insurer, Fairmont Specialty Insurance Company, f/k/a Ranger Insurance Company, for injuries brought about by the facts set forth in the preamble of this act. Section 3. This award is the sole compensation for all present and future claims, including all attorney fees, lobbying fees, and related costs, arising out of the factual situation described in this act which resulted in the injuries to Eric Brody, and hereby releases the Broward County Sheriff's Office and Fairmont Specialty Insurance Company, f/k/a Ranger Insurance Company, the Broward County Board of County Commissioners, Broward County, and Christopher Thieman from any further liability. The total amount of attorney fees, lobbying fees, and related costs may not exceed 15 percent of the first $1,000,000 awarded under this act, 10 percent of the second $1,000,000 awarded under this act, and 5 percent of the next $3,000,000 awarded under this act, for a total of $400,000. Section 4. It is the intent of the Legislature that all lien interests relating to the claim of the Guardianship of Eric Brody and the treatment and care of Eric Brody, including Medicaid liens and any charging lien in excess of the sovereign Page 2 of 3 PCS for HB 445 CODING: Words stricken are deletions; words underlined are additions.

PCS for HB 445 ORIGINAL 2012

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immunity cap, are hereby waived or extinguished. Section 5. This act shall take effect upon becoming a law.

Page 3 of 3 PCS for HB 445 CODING: Words stricken are deletions; words underlined are additions.